Skip to main content

Would a dismissed case have a record of conviction? The case was dismissed without any punishment, fine, sentence or probabation

Denver, CO |

Had a case which is civil in nature but shows up on criminal background. The county has these pleas
- guilty plea without agreement
- guilty plea with agreement
- plea agreement
Case disposition shows as DISMISSED with PLEA AGREEMENT. The court says case was dismissed and they don't have any record of conviction. Does this mean the person is convicted? Person just signed a settlement agreement. Why is that there are 3 different pleas. Please let me know, and yes I will contact an attorney but before that I need to do some homework.

+ Read More

Attorney answers 3

Posted

No ideas. Take a look at the document you have a figure out where the courthouse is where the "plea agreement" was purportedly reached. Ask the court clerk to pull the file and my guess is you will get to the bottom of the situation.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Posted

The printout does not make any sense. I don't know if the Court clerks messed up or what. If it was dismissed, it should not show up on a criminal background. If it was a civil case, it does not have criminal penalties and should not show up on a criminal background. The three statements are contradictory - guilty plea w/o agreement, guilty plea with agreement, and plea agreement. If no record of conviction, then there was no conviction.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.

Asker

Posted

Thanks that's what I was told but now the case shows as dismissed under criminal background. Apparently if a charge is dismissed after a plea, it still shows as dismissed. It shows as Motion to Dismiss/MD (Miscellaneous docket)

Posted

You don't provide nearly enough information. It is unclear how a case which is "civil in nature" shows up on your criminal background check or how you would have a plea in a civil case. It would not be accurate to show as "Dismissed with Plea Agreement" because if you enter a guilty plea then the case is not dismissed. You either need to provide more information or you need to review the court file with an attorney.

You can reach Harkess & Salter LLC by phone or email. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

Asker

Posted

Thanks the case disposition shows as Dismissed with a Plea agreement. Chronology also states State moves to dismiss all counts(1). I wish there was an answer, the clerk's office says it's civil but put under Criminal. Even my attorney at that time said "There is no conviction in civil case"

Stephen Clark Harkess

Stephen Clark Harkess

Posted

Is this a Colorado case?

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer